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#1
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"Can I possess/carry my handgun/rifle/shotgun openly/loaded/concealed/otherwise when I am hiking/camping/hunting/other in the forest/park/campground/wilderness in California?"
We see questions like this often. This thread is meant as an informational post to address them. First, understand that there are many different types of "forests" and "parks" and they are all run by different government agencies with different regulations. Here is a list of parks, forests, public, and quasi-public lands, and their respective firearms restrictions: - National Parks, Federal, National Park Service, US Department of the Interior - firearms now permitted but CA state law applies *1 - National Forests, Federal, US Forest Service, US Department of Agriculture - firearms and shooting welcomed but CA state law applies *2 - BLM Land, Federal, Bureau of Land Management, US Department of the Interior - firearms and shooting permitted but CA state law applies *2 - State Parks, State, California Department of Parks and Recreation - firearms prohibited *3 - Regional Parks, some are county owned (example), some are city owned - firearms often prohibited per local ordinance *1 - The firearms prohibition in NPs and NWRs was lifted on 2/22/10. See the "Important Notes" about HR 267 in the second post in this thread. *1 - Unloaded Open Carry is legal except in federal facilities (buildings with federal employees and no-firearms signs posted) *1 - Loaded Open Carry is legal in one's campsite. *1 - Since NPs can be near/within urban areas, school zones can be an issue. Unlocked/operable firearms are not allowed within 1000 feet of a K-12 school. *2 - Unloaded Open Carry is legal almost everywhere in these lands *2 - Loaded Open Carry is legal in areas where shooting is not prohibited, and in one's campsite (12031 et al) *2 - Shooting is prohibited within 150 yards of any residence, building, campsite, or developed site, or on/across a road or body of water *2 - Forest administrators have the authority to prohibit shooting in other areas of the NF but must post this information *2 - BLM administrators may post closures and restrictions regarding firearms use *2 - Loaded Concealed Carry is legal for licensed hunters/fishermen, while hunting/fishing, and only where shooting is not prohibited *2 - Unloaded Concealed Carry is legal for licensed hunters/fishermen, while traveling to/from hunting/fishing trips *3 - firearms permitted in vehicles and temporary lodgings when unloaded and "packed, cased or stored in a manner that will prevent their ready use" *3 - CCW permit holders can apparently carry firearms in California State Parks For completeness, the following are included: - Wilderness Areas, Federal, within or part of a National Park - firearms now permitted but CA state law applies *1 - Wilderness Areas, Federal, within or part of a National Forest - shooting and/or possession may be prohibited, check with local ranger station - National Monuments, Federal, various agencies but usually the NPS - firearms now permitted but CA state law applies *1 - National Wildlife Refuges, Federal, US Fish and Wildlife Service, US Department of the Interior - firearms now permitted but CA state law applies *1 - DFG Wildlife Areas and Reserves, State, California Department of Fish & Game - firearms restrictions vary - US Army Corp of Engineers Recreation Areas (San Francisco District) - firearms generally prohibited except for limited hunting activities - PG&E owned Recreation Areas - Private lands and privately owned campgrounds - firearms either permitted, restricted, or prohibited by the owner This thread's focus is on parks/forests/campgrounds/etc. in California. Not all of the specifics and subtleties of carry, loaded, and transport laws are covered here. So, - For more information about open carry, see the Open Carry FAQ. - For specifics about carry and transport laws, see the California Carry and Transport Flyer. - For details about the definitions of loaded, see What is Loaded in California. Except where otherwise specified, this thread information is for people who do not hold a CCW permit. The first three posts in this thread will be continually updated for accuracy. Last edited by MudCamper; 03-19-2010 at 11:02 AM. |
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#2
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Following are citations of all applicable state and federal laws.
State PC 12025 (abridged) Quote:
Note: PC 12025 only applies to hand guns, not rifles or shotguns, which may be concealed. State PC 12027 exemption to 12025 (abridged) Quote:
State PC 12031 (abridged) Quote:
State CCR Title 14, Div 3, Chap 1, s 4313 (abridged) (CA State Parks) Quote:
State CPRC 5003.1 (abridged) (CA State Parks) Quote:
Federal 36 CFR 261.10 (d) (National Forests) Quote:
Federal 36 CFR 261.58 (abridged) (National Forests) Quote:
Federal 36 CFR 261.57 (abridged) (Wilderness Areas only in NFs) Quote:
Federal 43 CFR 8364 (abridged) (BLM lands) Quote:
Federal 43 CFR 8365 (abridged) (BLM lands) Quote:
Federal 36 CFR 2.4 (a) (National Parks) (Section (i) and (ii) not enforceable unless state laws are also violated) Quote:
H.R.627 s 512 (b): Quote:
State Fish and Game Code s 2006 Quote:
State Fish and Game Code s 3004 Quote:
Last edited by MudCamper; 03-19-2010 at 10:54 AM. |
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#3
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A common source of confusion is assuming that one code exemption applies to all codes. Be careful not to fall into this trap. For example, it is a common misbelief that it is legal to carry/possess a loaded firearm in one's campsite regardless where that campsite is. While it is true that 12031(l) exempts you from 12031, it does not prevent your violation and conviction of some other local, state, or federal code. For an example of this, see Scenario 1 below.
Another common mistake is confusing 12025 (prohibits concealing) with 12031 (prohibits loading). See Scenario 5 and 6 below. Scenario 1: You are in a California State Park, in your campsite, carrying an unloaded handgun openly in a belt holster. Status: illegal - violation of CCR Title 14, Div 3, Chap 1, s 4313, possessing a firearm in a State Park Scenario 2: You are in a National Forest, in your campsite, carrying a loaded handgun openly in a belt holster. Status: legal - 12031(l) exempts you from 12031 Scenario 3: You are in a National Forest, walking from your campsite to a public pit toilet, carrying a loaded handgun openly in a belt holster. Status: illegal - 12031 violation - you are not in your own campsite, and are in an area where shooting is prohibited, so 12031 applies ** Scenario 4: You are in a National Forest, walking from your campsite to a public pit toilet, carrying an unloaded handgun openly in a belt holster. Status: legal Scenario 5: A licensed fisherman is fishing a stream in the National Forest, within 150 yards of a developed campsite. He is carrying a loaded concealed handgun. Status: illegal - while not violating 12025 (concealed) because of 12027, he is violating 12031 (loaded) because the nearby campsite triggers the "prohibited area" language ** Scenario 6: A licensed fisherman is fishing on a lake in a regional park, where carrying and shooting firearms is prohibited by county ordinance. He is carrying a loaded concealed handgun. Status: illegal - 2 violations - PC 12031 (loaded) and the county ordinance ** - This entire thread presumes that the "prohibited area" language in 12031 is triggered by the various federal shooting restrictions. This is the more cautious interpretation, however, there are other interpretations. Last edited by MudCamper; 02-22-2010 at 11:32 AM. |
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#4
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#5
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Quote:
Last edited by MudCamper; 06-29-2009 at 4:27 PM. |
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#6
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#8
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Last edited by MudCamper; 10-10-2009 at 10:03 AM. |
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#10
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For state parks, you should add that unloaded firearms are also permitted in "temporary lodging". I'm not sure exactly what that means, but I would assume that a tent or camper would qualify. The "not having a cartridge in any portion of the mechanism" is kind of vague. Are magazines considered to be a "portion of the mechanism"? |
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#11
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If you plan to drive in the Nat'l Forrest, it would be wise to get a current map that shows the legal roads for vehicle travel (and illegal for LOC), as the closed roads are all still there, but are not for motor vehicle use any longer. I do not know the status of the suit, and whether or not any of these roads are ever going to be opened again or not.
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"As soon as we burn 'em," Chinn said, "more come in." Ignatius Chinn, a FORMER veteran firearms agent. CONTRA COSTA TIMES 03/04/2008 "please guys please no ridiculous offers....Im a girl, not an idiot" Mistisa242 |
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#12
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Ok some good info. So If I'm on a trail that crosses a NFS numbered road I have to unload once I get 150yds away, walk across the road, and then reload once I'm across and 150yds into the trees, Lame. With my luck these days I'm going to encounter an axe wielding tweeker guarding his lab with a pair of attack bears at 145yds
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#13
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#14
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Ah ok. That makes a lot more sense.
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#15
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Gawd, how I hope for the day when my right to keep and bear arms actually means keep and bear arms.
__________________
![]() "The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." --HL Mencken Member Organizations: NRA; CORVA; Blue Ribbon Coalition; Tread Lightly |
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#17
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awesome thanks
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Stag 2HL Doublestar/Stag 6HL Savage 10FLP .308 win S&W M&P .40 WASR AK47 Garand Larue Stealth Happy Birthday Marines! HOORAH! USMC vet. |
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#19
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__________________
Refugee, I’m an enemy of your beliefs. Don't hate me, because I disagree. Release me, from the world unkind. A world where the blind, is leading the blind. It's so unfair, that I can't feel free. That I have to be, what you want me to be. Shadows of the past, keep stabbing my back Reminding me all, when I slept out a drag.You're wasting your time, another morning dawning.Time with the restless, keeps on joining. -Tribal Ink |
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#21
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I am going to take the family to the Western Sierras this summer for camping, in the Sierra National Forest, in the old days I took a 12 ga with slugs camping out of the car. Looks like it's a Condor Zone now. Do I have to have lead free slugs for purely a defensive use, bears?
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"I said I never had much use for one. Never said I didn't know how to use it." Matthew Quigley |
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#22
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I need some clarification. Am I able to open carry(pistol) with full clip in same holster(gun is unloaded obviously) while backpacking or camping in state or fed. park? Or am I able to carry open or concealed while loaded??
Thanks Matt Last edited by hush; 06-13-2009 at 9:43 PM. |
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#23
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There are certain areas that restrict "any" lead in possession. Tejon Ranch is one, on our recent pig hunt there I was just filming but I had to clear my truck of all lead to enter the ranch. That was Tejon's policy in their TOU. |
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#24
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Firearms are not allowed in State Parks, except locked up in vehicles. Firearms will be allowed in National Parks after the new law goes into effect next year, but are not allowed now, unless locked up in vehicles. |
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#25
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#26
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Just forwarded someone to this thread, it's an excellent summation and starting point for answering, "Can I legally carry in..."
A staff member should sticky this thread. It gets asked a LOT.
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Disclaimer: The poster is not responsible for any damage to the reader's keyboard, monitor, or dignity as a result of this post's comments. "I am a sinner that does not expect forgiveness. But I am not a government official." Francis Wolcott (Deadwood) |
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#28
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Quote:
State CCR Title 14, Div 3, Chap 1, s 4313 (a) (abridged) (CA State Parks) Quote:
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#30
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ETA: Nevermind I found the answer. Back tracked to first post. Good thread for stickey!
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...Robert... Military Surplus, Hiking, Outdoor Gear, Camping Gear and Gifts for all occasions! http://www.OutfittersSurplus-Gifts.com Also check out our special CalGuns Sales threads: http://www.calguns.net/calgunforum/s...d.php?t=133483 http://www.calguns.net/calgunforum/s...ad.php?t=87182 http://www.calguns.net/calgunforum/s...d.php?t=104976 And check out the Riverside/Inland Empire Roll-Call Thread! http://www.calguns.net/calgunforum/s...d.php?t=137427 Last edited by Got Stuff?; 06-16-2009 at 8:42 PM. |
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#31
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This thread, which is about restrictions in wilderness areas in the Stanislaus NF, is interesting reading for those interested in this topic.
In summation, the SNF website states that firearms are not allowed in the wilderness areas, but in fact that is beyond their authority. They can only ban shooting, not possession or carry. This thread has been updated where necessary. UPDATE 11/9/10 I was mistaken. Per 36 CFR 261.57 the FS can ban possession in a wilderness area. However it is still not clear weather SNF bans possession or just shooting in the wilderness areas. Last edited by MudCamper; 11-09-2009 at 8:54 AM. |
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#32
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Seems like these people have no idea what they're talking about and could potentially get folks in trouble with bad info. If I understand correctly, I can coceal carry with hunting/fishing license, while hunting/fishing? I can also keep a loaded firearm in my campsite? I understand this is all dependant on location but right now I'm only interested in Stanislaus and specifically Carson-Iceberg Wilderness. |
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#33
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Quote:
Correct. This is even true in a wilderness area where shooting is prohibited. This is because it is 12031 that states you cannot load where shooting is prohibited, but 12031 also self-exempts in one's temporary residence or campsite. |
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#34
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Some state parks you CAN in fact open carry with a loaded magazine in the gun but not a round in the chamber (same as federal state parks) however EACH state park has it's own guns laws. MOST do not allow ANY guns except locked in your vehicle. (Check each location specifically to ensure your safe) But Federal (National) forrestry you can carry LOC legally as long as your NOT in a vehicle and if your in a vehicle you can NOT have a round in the chamber. But a loaded magazine is ok. This is on any marked or designated roads or trails.
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Fabrication, Welding, Gunsmithing, Bobcat tractor work and more Auburn, CA |
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#35
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While basically correct, this statement appears to be a mixed confusion of F&G and PC. Please read the first 2 posts of the thread. Last edited by MudCamper; 06-22-2009 at 10:05 AM. |
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#36
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Quote:
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Fabrication, Welding, Gunsmithing, Bobcat tractor work and more Auburn, CA |
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#37
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Still have not had a chance to peek but found this off a site while looking for other info about the Tahoe National Forest.
link http://www.fs.fed.us/r5/tahoe/faq/index.shtml#12 National Forest lands are subject to both federal and state regulations. In general, you can carry a firearm on Tahoe NF lands, subject to the requirements of state law. Target shooting and hunting is also allowed, subject to regulation and common sense. 36 CFR 261.10(d) prohibits Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows: (1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or (2) Across or on a Forest Development road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge. National Forest lands around French Meadows reservoir and the northwest portion of the Granite Chief wilderness are within the boundaries of French Meadows State Game Refuge. State law prohibits possession or discharge of firearms, pellet guns, and bows and arrows within the refuge.
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Fabrication, Welding, Gunsmithing, Bobcat tractor work and more Auburn, CA |
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#38
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So if I'm in a national forest, I am able to possess a loaded shotgun within my camp site correct?
What about discharging a firearm within a national forest? Is it legal unless prohibited by posting?
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#40
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Correct. |
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